King

King v. Mabaquio CA4/2

Good Law
Court of Appeal of CaliforniaJuly 20, 2022E077221California2,609 words

Opinion

Opinion

I. BACKGROUND

Mabaquio and King lived in adjacent mobile homes in Loma Linda, California.

According to King, Mabaquio “hired [her] as a Personal Assistant from June 2014

through May 2016” for a monthly $2000 wage. Mabaquio asserts that she thought King

1 Undesignated statutory references are to the Code of Civil Procedure.

2 “was just helping [her] as a friend” with various matters, without any request for 2 compensation.

In February 2015, Mabaquio executed a durable power of attorney in favor of

King. The power of attorney authorized King to act on Mabaquio’s behalf, particularly

with respect to management of certain rental properties Mabaquio owned and a lawsuit in

which Mabaquio was a party, but also with “general authority” to “take full charge of all

[of Mabaquio’s] property, real and personal, tangible and intangible,” and “to do any and

all acts in [Mabaquio’s] name which [Mabaquio] could do if personally present.”

Mabaquio avers that she executed the power of attorney “with the proviso” that King

“could not use the power of attorney or any of [Mabaquio’s] money for King’s own

personal benefit.” That limitation, however, was not express in the power of…

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